they are taking me to court

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M

Mariellee

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I wrote last month re the tenancy deposit scheme (TDS)but things have change a bit and now I find that I have a big problem and don't know how to solve it. Im in a right state because I will tie myself in knots in court if I am not very careful and want to be really prepared.

In Sept Leicester law Cenre LLC wrote to me with copy of tenancy agreement TA (your Doc), which was dated 31st March, stating that tenants had given me £50 on that day and the rest when they moved in, 12th April. So were claiming £1700 for breach of TDS. Because the agreement was signed on 31th and there was not sign of a receipt for £50 (which incidentaly I always give if money is paid in two parts)i had to write back and say all monies were paid prior to 6th April WHICH I DEFINATELY KNOW THEY WERE see later.

BUT there was a nagging doubt cos though I knew in my mind I had got all money before 6th I honestly couldn't remember exactly, also if they had given me £50 I would have given them a receipt so why hadn't they given that to LLC!!! so had to stick to the TA date and so thats what I told LLC. However I knew there was something wrong but for the life of me could remember exactly what it was, partly due to the fact that I had three moves going on around the same time.

In May the tenants approached me and said they had got advice from LLC about the TDS I didn't say much, just said it didn't apply. Acually the real reason was because they are the most difficult people to talk to you can't reason with them and everything is a big issue, I stopped going to their flat soon after that and all contact was by letter becuase of this, not my usual way I have to add. But I can't say that in court can I?

They still continued with court claim and I got this on 16th Oct. In the meantime I found a letter I had written them when I sent Notice to Quit in July which says "the Tenacy agreement you signed on 5th April...".

Yesterday I was sent a "receipt" for £50 which was dated 31 march. This was in the form of a partially filled in TA (not yours a dfferent style I used to use)filled in only with names and addresses + TERM + RENT, in the Deposit bit I had written £50 31/3/07 £418 to follow. There were also "Term beginning" I have written 10/4/07. BUT the proper TA has a Term beginning date of 12th, see later.

After loads of thought trying to remember, work it all out and searching through all my paperwork I am satified that I know what happened but how to prove it?

30th March tenants viewed flat and said they would bring deposit next day.
31st March I completed most of the TA including dating 31st March and met tenants at flat. Tenants gave me only £50 and I gave them a receipt. I told them they had to get rest of money to me ASAP.
3th or 4th discovered existing tenants could not move out on 9th as arranged, thus change of date from 10th on "receipt" to 12th on proper TA.
5th April tenants came back with £418 and signed proper TA

I have completed the Court Defence (not sent it yet)and included other issues I had had with these tenants (many) in particular the fact that they had tried to get money from me before by saying the some of the Housing benefit paid direct to me was overpaid and should be given to them!! AND that I had to call police for their harrasment three times! I have also said that I no longer take deposits but use Guarantee (your document).I also said that I was a member of RLA and that you had informed memebers of TDS a long time ago and also the penalties for non compliance

I have tried to keep this simple but I know it isn't really. I am an honest landlady and try to keep all my tenants happy don't need the stress frankly although I make mistake all the time, but this has caused me major probs. In the end it might be their word against mine but know they will lie as they have done many times before over lots of issues. Sorry this has been a long story but am in such a state. Regard Marie